PRIVACY POLICY

When using the Application, each time the User provides any information that, due to its characteristics, allows the User to be identified, such as his name, surname, e-mail address, invoicing or shipping address, telephone number, type of device or other information (hereinafter: "Personal Data"), regardless of the purpose for which the User uses the Application, the User will be obliged by the provisions of this privacy policy (hereinafter: "Privacy Policy") and other documents referred to in the Privacy Policy and to which the User should read to be sure that the User agrees to them.

Providing Personal Data is voluntary, but necessary to use the Application for the purposes specified in this document. Before using our services or functionalities, please read this Privacy Policy.

The definitions used in the General Terms and Conditions of Service, to the extent they refer to the Privacy Policy, remain valid with respect to the content of the Privacy Policy.

1. PERSONAL DATA ADMINISTRATOR AND GENERAL TERMS AND CONDITIONS OF THE PRIVACY POLICY

1. The administrator of personal data is: UPLOYAL spółka z ograniczoną odpowiedzialnością (limited liability company) with its registered office in Kraków, KRS: 0000915674, contact telephone number: +38 (098) 359 64 80, e-mail: legal@uployal.net, address: ul. Józefa Dietla 52/8, 31-039 Kraków (hereinafter referred to as the "Company").
2. The Company respects the Application User's right to privacy and confidentiality and recognizes the importance of protecting the information collected about him.
3. The applicable Privacy Policy is a public document that covers all Personal Data processed by the Company and was developed in accordance with the applicable Polish legislation regarding the protection of personal data.
4. The Company will not collect, use, or disclose Personal Data in a manner other than that provided for in this Privacy Policy and applicable Polish legislation.
5. By using the Application, the User agrees to the terms of the Privacy Policy.
6. If any changes are made to the terms of this Privacy Policy, it will be communicated in a transparent, accessible form in the Application.

2. LEGAL BASIS FOR THE PROCESSING OF PERSONAL DATA

The basis for the processing of Personal Data within the meaning of this Privacy Policy is the Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/ 46/EC and the Act of May 10, 2018 on the protection of personal data (Journal of Laws of 2018, item 1000, as amended).

3. METHODS OF COLLECTING PERSONAL DATA. PROFILING

1. The Company receives Personal Data when the User:

1. provides Personal Data when registering in the Application;
2. completes Personal Data when placing an Order in the Application;
3. provides Personal Data when communicating via the Customer Support;
4. submits a complaint regarding the Offer, Order, or implementation of the Contract.

2. In order to achieve the processing purposes indicated in point 5 below, in particular for the purpose of carrying out marketing and analytical activities and in connection with the operation of the Application, in some cases the Company uses profiling, i.e. through automatic processing of Personal Data, it evaluates selected factors and information regarding Users, in particular activities undertaken in the Application, including on the basis of purchases made, history of viewed offers and services used in order to analyze their behavior or create a forecast for the future. This allows for better matching of the displayed content to the User's individual preferences and interests.
3. When necessary to ensure the security of services, including IT resources or security, including the security of Users, services or functionalities, the Company is entitled to automatically obtain and register Personal Data of a given User transmitted by a device intended for using the Application. In order to prevent abuses and frauds violating good practices, decisions will be made in the individual case of a given User based on automated data processing, including profiling.

4. SCOPE OF PERSONAL DATA PROCESSED BY THE COMPANY

1. Mandatory information:

1. full name and surname;
2. mobile phone number.

2. Additional information that the Company may request to provide, including sensitive Personal Data:

1. date of birth;
2. gender;
3. e-mail address;
4. information regarding interest in this or another product;
5. information about orders and purchases made;
6. opinions.

3. Information derived from technical means:

1. location;
2. information about technical means (device type, operating system, and its version).

5. PURPOSE OF COLLECTING PERSONAL DATA

1. Personal Data is collected for the purpose of:

1. identification of the User as a registered user of the Application;
2. preventing access to Personal Data by third parties;
3. assessing and improving the quality of service for Application Users;
4. providing Users with up-to-date information about products or services available in the Application, special offers and promotions;
5. increasing content effectiveness;
6. providing assistance through the User support service;
7. sending Users important information, marketing, advertising and news messages;
8. conducting market, analytical and marketing research;
9. consumer demand research;
10. creating and processing statistical data related to the use of the Application.

6. TRANSFER OF PERSONAL DATA TO THIRD PARTIES

1. The Company does not transfer User's Personal Data to third parties, except for the following cases:

1. delivery of products or services under the User's Order via courier companies,
2. the User contacts with the Customer support,
3. making online payments using payment services,
4. transfer of Personal Data to the Company's employees, persons providing administrative or legal services to the Company and entities related to the Company.

7. USER RIGHTS REGARDING THE PROCESSING OF PERSONAL DATA

1. The fulfillment of all User rights arising from the GDPR, i.e. the rights described in Art. 15-22 of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC. A detailed description of the individual rights is provided below.
2. The right to access Personal Data enables to obtain information from the Company about the processing of Personal Data by the Company, including the purposes and legal basis for processing, the scope of Personal Data held, entities to which Personal Data are disclosed and the planned date of deletion of Personal Data, and also information on how Personal Data is obtained.
3. The right to rectify Personal Data, which the User may exercise if he notices that his Personal Data is incorrect or incomplete. In such a case, any inconsistencies or errors in the Personal Data being processed will be removed and supplemented if they are incomplete.
4. The right to delete Personal Data, which the User can exercise if: (i) his Personal Data are no longer necessary for the purposes for which they were collected or otherwise processed by the Company; (ii) withdraws its consent to the processing of Personal Data; (iii) objects to the processing of his Personal Data and there is no other legal basis for the processing; (iv) Personal Data will be processed unlawfully.
5. The right to limit the processing of Personal Data, which the User may exercise if: (i) he notices that his Personal Data are incorrect – he may request that the processing of Personal Data be limited for a period enabling the accuracy of such data to be checked; (ii) Personal Data will be processed unlawfully, but the User does not want them to be deleted; (iii) Personal Data will no longer be necessary, but the User may need it to defend or pursue any claims; (iv) objects to the processing of Personal Data - until it is determined whether the legally justified grounds on the part of the Company override the grounds for objection.
6. The right to transfer Personal Data.
7. The right to object to the processing of Personal Data for marketing purposes, which the User may exercise at any time if his Personal Data are processed for marketing purposes, without the need to justify such objection.
8. The right to object to other purposes of processing Personal Data, which the User may exercise at any time for reasons related to his particular situation. Objections in this respect should include justification.
9. The right to withdraw consent, which the User may exercise at any time if his Personal Data are processed on the basis of his consent, which, however, does not affect the lawfulness of the processing carried out before its withdrawal.
10. The right to lodge a complaint in connection with the processing of Personal Data by the Company to the supervisory body, which is the President of the Office for Personal Data Protection (address: Prezes Urzędu Ochrony Danych Osobowych, ul. Stawki 2, 00-193 Warszawa).

8. PERSONAL DATA PROCESSING PERIOD

1. Personal Data is stored for the period necessary to achieve the purpose of processing and for the period necessary to delete the data. The decision on how long Personal Data is needed depends on the specific case. When making decisions, the following factors are taken into account, among others:

1. if services must be provided, i.e., for example, some of the Personal Data must be stored to maintain the User's account in the Application;
2. the function for which they are used and how that function works;
3. how long Personal Data must be retained to comply with certain legal obligations;
4. if they are needed by the Company for other legitimate purposes, e.g. to prevent harm, verify potential violations of regulations or policies, to promote security and integrity or to protect the Company, including its rights, property or products.

GENERAL TERMS AND CONDITIONS OF SERVICE

These “General Terms and Conditions of Service" (hereinafter referred to as "GTC") apply to relations between UPLOYAL spolka z ograniczoną odpowiedzialnoscią (limited liability company) with its registered office in Kraków, Józefa Dietla st. 52/8, 31-039 Kraków, registered by the District Court for Kraków - Śródmieście in Kraków, 11th Commercial Division of the National Court Register under the number: 0000915674, NIP (tax identification number): 6762601184, REGON (national economy register number): 389641341 (hereinafter referred to as the "Company"), which has the rights to Application, and Users and Customers.

1. DEFINITIONS

Acceptance: actions taken by the User aimed at accepting the terms of these GTC.

Account: the User's personalized administration panel available after the User registers in the Application, through which the User can use the services provided by the Company, including placing Orders for products offered by individual Customers.

Application: a utility program created by the Company for Apple iOS and Android mobile operating systems. The Application is published in mobile application stores "Play Market" and "App Store" on behalf of the Company.

Contract: a legal relationship concluded between the User and the Customer based on the placed Order, regarding its implementation and delivery or personal collection.

Customer: an entrepreneur running a business, providing sales services of products or services included in the Offer, conducting marketing communication with the User via the Application, having the ability to change the information content of the Application.

Customer data: company: […] with its registered office in […], address: […], KRS: […], NIP number: […], REGON […], telephone number: […], e-mail address: […].

Offer: a range of products and services offered by individual Customers that can be ordered by the User via the Application.

Online Payment Systems: online payment with Visa and MasterCard payment cards via the WayForPay payment service.

Order: a declaration of will submitted to the Customer by the User via the Application, resulting in the conclusion of the Contract.

Registration: the User completes the appropriate form in the Application, indicating the data necessary to identify him/her.

Services: activities offered to the User by the Company via the Application, in particular: publication of Offers, facilitating/intermediating the conclusion of Contracts, including forwarding Orders to the Customer, enabling, subject to the provisions below, online payment of fees for the implementation of Contracts for the Customer (payment processing).

User: a natural person concluding a legal transaction with an entrepreneur that is not directly related to its business or professional activity, placing an Order to the Customer via the Application.

2. ADOPTATION AND GENERAL PROVISIONS

1. These GTC apply only to the Services provided by the Company, for which the Company is fully responsible. The Company informs that the use of the Application by Users is a service provided electronically, within the meaning of the Act of July 18, 2002 on the provision of electronic services (Journal of Laws of 2002, No. 144, item 1204, as amended) (hereinafter referred to as "a.p.e.s"), which takes place on the basis of these GTC, which also serve as the Regulations within the meaning of Art. 8 a.p.e.s. These GTC specify the principles of providing the Services offered in the Application, their scope, and the rules of using them. However, the Company is not responsible for the proper performance of the Contract, as it is not a party to it.
2. The Company makes these GTC available to Users free of charge via the Application in the IT system, as well as in a way that enables its downloading, reproduction, recording and printing.

3. RULES FOR THE PROVISION OF SERVICES ELECTRONICALLY

1. The provision of Services by the Company begins when the User starts using the Application, and thus accepts the terms of these GTC. The provision of Services by the Company to the User is not limited in time.
2. Users can register in the Application - create an Account by providing the required data in the registration form available in the Application. The User may resign from the Services provided at any time.
3. The Company has the right to immediately delete the Account of a given User in the event of a gross violation of the provisions of these GTC, in particular: providing illegal content referred to below, or providing false data during the registration process - if he does not stop on the action in question despite the deadline set by the Company in this respect - not shorter than 7 days.
4. The Company is not responsible for the inability to provide Services to the User because of force majeure.
5. When using the Services, the User is prohibited from providing illegal content, in particular:

1. data and information prepared in a way that poses a risk of compromising the security of the IT system or the stability of the Application;
2. information violating any property of the Company or third parties;
3. other data and information violating mandatory provisions of law, including pornographic content, referring to racism, nationalism, fascism, or promoting violence.

6. When using the Application, Users are obliged to act in accordance with generally applicable legal regulations and principles of social coexistence.
7. Users are prohibited from using the Services in a manner inconsistent with generally applicable legal regulations, good practices or in a manner violating the legitimate interests of the Company. In particular, the User will not undertake any activities that could expose the Company to any material damage.
8. Users are prohibited from downloading the content of databases made available in the Application and re-using them in whole or in significant part in terms of quality or quantity.
9. The Company reserves that all messages and materials available in the Application are protected by copyright. The User has the right to use them only within the scope of permitted personal use. Copying, reproducing, distributing on the Internet and other forms of using materials and messages posted in the Application beyond the limits permitted by law is prohibited.

4. OFFER

1. The Company publishes the Offer on behalf of and for the benefit of the Customer in the Application, in accordance with the Customer Data provided by the Customer.
2. The Company presents all Customer Data in a way that clearly indicates to the User his rights and obligations in the event of accepting the Offer.

5. CONTRACT

1. The contract is concluded when the User completes the Order.
2. The Contract can be properly performed by the Customer only if the User provides correct and complete contact details when placing the Order. The User is obliged to immediately report any inaccuracies in the data, regarding payments, that have been transferred or exchanged to the Company or the Customer.
3. In order to obtain information about the status of the implementation of the Contract, the User may contact the Customer directly using the contact details provided in the Application and after confirming the Order referred to in section 1 above. After placing the Order by the User, the User should be available via telephone or e-mail to both the Customer and the Company, in accordance with the contact details provided when placing the Order.
4. If the User decides to implement the Contract by delivering the ordered products, he must be present at the delivery address indicated when placing the Order to collect it.
5. If the User decides to implement the Contract by independently collecting the products ordered under the Offer, he should report to the Customer's order collection point for this purpose and at the indicated time.
6. At the time of placing the Order and upon delivery of the Order, in accordance with applicable laws and regulations, the User may be required to confirm his age by presenting a (valid) ID document if the Order contains alcoholic beverages or other age-restricted products.

6. DELIVERY

1. Delivery of products under the Order is carried out via suppliers (couriers) selected by the Customer to the address indicated by the User or by personal collection from the facility indicated by the Customer when placing the Order.
2. When receiving the products covered by the Order, the User is obliged to check their quantity and quality.
3. Payment of the Order and receipt of the products covered by the Order in accordance with the provisions of this article, after checking them, is considered to be the completion of the Order.

7. WITHDRAWAL FROM THE CONTRACT

1. Withdrawal by the User from the concluded Contract before its actual implementation is possible without giving any reason by telephone contact between the User and the Customer and in the cases specified in the Act of May 30, 2014 on consumer rights (Journal of Laws of 2014, item 827 as amended) (hereinafter referred to as the "a.c.r."), subject to section 2 below.
2. If the subject of the Order is perishable goods, the User is not entitled to withdraw from the Contract after its actual implementation has commenced (Article 38 sec.1 point 4 of the Act on Consumer Protection).
3. The Company informs the User that the Customer is entitled to withdraw from the Contract in the event of:

1. force majeure preventing the implementation of the Contract,
2. obsolescence of the Offer posted in the Application in a situation where the User did not agree to the alternative regarding the Order submitted by the Customer,
3. the User provides an incorrect or unreachable telephone number or delivery address.

4. In the event of withdrawal from the Contract by any of the parties to the Contract, it shall be treated as not concluded. The Company will refund the payment made by the User using the same payment method used by the User.
5. If the User places a false Order or fails to perform the Contract (due to non-payment or absence at the place of delivery or collection point to collect the ordered goods or services), the Company is entitled to refuse to accept any future Orders from such User.
6. The Company is entitled to immediately reject Orders placed by Users if there is justified doubt as to their correctness or authenticity. In the event of a justified suspicion of committing a crime, the Company is obliged to notify the relevant law enforcement authorities of this fact.

8. PAYMENT

1. At the time of concluding the Contract in accordance with the provisions of Art. 5 of these GTC, the User is obliged to pay the Customer the price resulting from the Order. The price given in the Order is the total price that the User will be obliged to pay, including the applicable tax and delivery costs. Additional costs will be charged to the User only after obtaining his express consent. The user may fulfill the obligation indicated in the first sentence by using the Online Payment Systems offered through the Application or by transferring the amount due in cash to the courier at the time of delivery or by paying at the Customer's place on delivery. Availability of payment methods listed in the previous sentence depends on individual arrangements made between the Company and a Client and may be limited. The User is informed about the available payment methods in the Application when placing an Order with a Customer and must select one of them before placing the Order.
2. Subject to the provisions of Art. 7 of these GTC, a (partial) refund of online payments should be possible only if part of the Order cannot be delivered and the User accepts the execution of part of this Order. The refund is always made to the account from which the payment was made. Depending on the payment method used by the Customer, refund processing will take up to 14 business days.
3. The refund of online payments is made within 14 business days from the moment the Company receives information about withdrawal from the concluded Contract. In the event of rejection of the Order referred to in Art. 7 section 5 of these GTC, the refund of online payments is made within 14 business days from the date of rejection.
4. The Customer authorized the Company to accept online payments made by Users on his behalf.

9. HANDLING COMPLAINTS

1. User complaints regarding the Offer, Order or implementation of the Contract should be submitted directly to the Customer using his contact details listed in the Application. In the event of filing a complaint referred to the previous sentence, the Company can only play the role of a mediator.
2. In the event of a User complaint regarding the Services, the complaint should be submitted to the Company's Customer Service Department via e-mail to the following address: legal@uployal.net
3. After the Company receives the complaint referred to in section 2 above, it will be considered immediately, but no later than within two weeks from the date of its receipt. The Company will confirm receipt of the complaint submitted by the User to the e-mail address provided by him during the notification.

10. RIGHTS AND OBLIGATIONS OF THE CUSTOMER

1. The Customer has the right:

1. in relation to the Company, unilaterally suspend the sale of goods or services within the Application as part of the Offer;
2. at its own discretion, unilaterally change the price of goods or services within its own Offer. In any case, the price of the goods or services included in the Offer, confirmed by the Customer when placing the Order, cannot be changed;
3. if the goods or services included in the Offer ordered by the User are out of stock, the Customer has the right to cancel the Contract in this respect, informing the User about the above by phone or e-mail, according to the data provided by the User when placing the Order;
4. at its own discretion, it may unilaterally make changes to the terms of the Offer by placing (publishing) the updated Offer in the Application. The above changes will enter into force upon publication, unless a later date is indicated at the time of publication;
5. post information about events and marketing campaigns organized by the Customer in the Application.

2. The Customer is obliged:

1. after the User has correctly placed the Order, to complete the Contract;
2. to provide goods or services under concluded Contracts, including through third parties;
3. not to disclose information about Users' personal data in any way, subject to the provisions of the Privacy Policy.

11. USER RIGHTS AND OBLIGATIONS

1. The User has the right:

1. select the Customer's Offer and place an Order in the Application;
2. require the Customer to meet the conditions and obligations provided for in these GTC;
3. by using the Application, express voluntary consent to participate in advertising, marketing and other events aimed at promoting goods or services as part of the Customer's Offer.

2. The User is obliged to:

1. before placing the Order, read the Offer and the terms and provisions of the GTC and the Privacy Policy;
2. make payment and collect the purchased goods or services in accordance with the terms of these GTC;
3. when registering and placing an Order, provide complete and reliable information about himself necessary to perform the Contract or provide marketing services;
4. use the Application only for personal purposes, do not use third-party software or other technical means that may affect the functioning of the Application. The User is prohibited from decompiling the Application independently or with the participation of third parties, as well as distributing, making public and making the Application available to other persons, reverse engineering the Application or its individual elements;
5. not to spread false information about the Application, the Company, and the Customer. The User guarantees that he will not take any actions aimed at causing damage to the Company, the Customer, mobile operators or other entities;
6. be responsible for the leakage of personal data caused by reasons attributable to the User.

12. RIGHTS AND OBLIGATIONS OF THE COMPANY

1. The Company has the right, on its own behalf or on behalf of the Customer, to send the User, after the User's prior consent in this regard, information regarding the operation of the Application, information, and advertising content via push notifications or to the telephone number provided by the User, as well as post relevant information in the Application itself. The Company has the right to limit or block the User's access to applications developed for other Customers.
2. The Company has the right to control and edit the content posted in the Application, to the extent that it does not conflict with the Customer's rights regarding the content of his Offers in the Application;
3. The Company has the right to limit or block the User's access to the Application at any time if the User violates the provisions of the GTC, without notifying the User about this fact.

13. RESPONSIBILITY

1. The Company is not responsible for the information content placed by the Customer in the Application and for meeting the User's needs and expectations.
2. The Company is not liable for any damage resulting from the use of the Application, resulting from reasons beyond the Company's control.
3. The Application may contain links or provide access to other websites and internet networks (third-party websites) and information posted on these websites, which is the result of the intellectual activity of third parties, which is protected in accordance with the requirements of Polish law. The Company is not responsible for any information posted on third-party websites to which the User gains access through the Application, including, without limitation, any opinions and statements expressed on third-party websites.
4. The User confirms that once the User uses the link to a third party's website contained in the Application, these GTC cease to apply in the relationship between the Company and the User.
5. Neither the Customer nor the Company is responsible for the quality of public communication channels or any possible disruptions in the data transmission network (including the global Internet) through which access to the Application is obtained.

14. APPLICABLE LAW AND JURISDICTION

1. Generally applicable provisions of Polish law apply to the provision of Services provided by the Company to Users, in particular the provisions of the Civil Code and a.p.r.
2. Any disputes between the Company and the User relating to the provision of Services by the Company will be resolved by the court with local jurisdiction in accordance with the provisions of Polish law.

15. VIEWING AND CORRECTING STORED PERSONAL DATA

The Company processes and stores the User's personal data. The storage and processing of personal data, including the possibility of correcting/changing/deleting them, is regulated in detail in the Privacy Policy.